Sentencing was postponed on Monday for an admitted drug dealer after allegations surfaced that the defendant conspired to kill a confidential informant who made drug buys for the Blaine County Narcotics Enforcement Team.
The allegations are contained in an 18-page investigation report that was handed to presiding Judge Robert J. Elgee only minutes prior to sentencing for 30-year-old Tristar Peon Ontiveros, who investigators allege was the major methamphetamine supplier in last April's major Blaine County drug bust.
Ontiveros, who was indicted by a Blaine County grand jury in April on 10 felony drug charges, pleaded guilty in September to single counts of trafficking in methamphetamine and failure to affix a drug tax stamp.
Defense attorney Keith Roark was not pleased that the "murder for hire" allegations surfaced just before sentencing and requested a two-week delay. Roark told the court that he heard of the allegations on Friday but only received a copy of the report on Monday morning and hadn't had the opportunity to review the allegations with his client.
"I believe constitutionally that this man has the right to confront any information that affects his sentencing," Roark said. "It seems to me that it's improper for these kinds of reports to be given to the court just prior to sentencing, and it appears to have been done to influence sentencing. I don't believe we can go forward this morning."
Blaine County Prosecuting Attorney Jim Thomas agreed to the delay and Elgee reset sentencing for Dec. 17.
Thomas said in court that Ontiveros has not been charged with conspiring to kill the informant. However, he met with members of the Narcotics Enforcement Team following the hearing. The Narcotics Enforcement Team, referred to as NET, includes officers from the Blaine County Sheriff's Office, Idaho State Police and other law enforcement agencies in Blaine County.
Elgee sealed that report at the request of Thomas, which means it is not available for public review. However, court conversation offered some insights into what is contained in the report.
Allegedly, Ontiveros was overheard by other jail inmates discussing hiring someone to kill a confidential informant who made the drug purchases that lead to the defendant's arrest.
Elgee said he had read only the first two pages of the report but added that the allegations "sound very serious." However, the judge questioned the reliability of statements made by jail inmates.
"The situation under which these things occur are notoriously unreliable," Elgee said. "Sometimes they lead to something and sometimes they lead to nothing."
Ontiveros has been incarcerated on $500,000 bond since his arrest in April. The Blaine County Jail has an "immigration hold" of the suspect, which indicates that he is likely an illegal immigrant.
In pleading guilty to two drug felonies, the prosecuting attorney's office dropped eight other felonies, four of which were for delivery or trafficking in methamphetamine. The other four charges were tax stamp sentence enhancements.
The prosecuting attorney's office has recommended that Ontiveros be sentenced to 10 years in prison, with seven years fixed and three years indeterminate.
Because of the large quantity of drugs that Ontiveros has admitted selling, Elgee is required by state law to sentence the defendant to at least a five-year fixed prison term.
The judge assured Roark that he will not be swayed by unsubstantiated allegations and will not exceed the sentencing recommendations of the prosecuting attorney's office.
Tristar Peon Ontiveros
